Tx Civil Procedure: Subject Matter Jurisdiction, Plaintiff Pleading

Front 1

SMJ: court's power to hear a specific case.

Personal Jurisdiction: court's power over a party to action or a party's property

Venue: proper placement of a case w/in a judicial system

Back 1

TX Trial Courts
1) Judicial power vested in District Courts, County Courts, Justice Courts, etc.

2) TX Constitution authorizes legislature to create courts to handle specific matters such as leg courts at county and district level (county courts at law; family/crim district court).

Front 2

2 questions for whether court has SMJ:

1) Type of case/relief sought requires case filing in particular court/courts
2) If no, what's amount in controversy?

Back 2

Type of case may create exclusive jurisdiction in one court or concurrent jurisdiction in various courts. (ex: district court exclusive juris over cases seeking det of land title or lien enforcement)

Front 3

Amount in controversy:
1) Amount prayed for in good faith by P determines amount. If claim for something besides $, amount determined in reference to value of thing/interests sought to be restrained.

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Justice courts: up to $10k

Constitutional courts: $200-$10k

County courts at law: $200 to max amount in statute that created court. Max amount is $100k, unless changed for specific court by statute.

District courts: >$500. No upper limit.

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Petition:

- gives fair notice of facts/legal theories
- guides judge in admitting evidence, charging the jury

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*Formal Requirements

- names of parties/residences
- short statement of COA to give notice of claim
- in claims for unliquidated damages (not reduced to certainty by K), only statement that damages sought are w/in juris limit of court
- demand for judgment for all relief which party deems himself entitled

Front 5

Pleadings must be signed by party or his attorney (they've read; pleadings aren't groundless, bad faith, harassment). Bad faith--> filing sanctions.

* Damages
- In claims for unliquidated damages, petition should contain ONLY statement that damages sought are w/in jurisdictional limit of court.
- D. may file a special exception seeking a specification of damages and asking court to require P to amend and specify max amt claimed.

Back 5

If prayer/demand is only for already-pleaded damages, it may simply state that generally. If different/additional relief is sought (injunction, recision), then such relief must be specifically pleaded.

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Pretrial Amendments:
- amended pleading supercedes prior pleading
- must be complete in itself. *dates!*
- may be made w/o leave of court if >7 days before trial; otherwise need leave of court.

Back 6

Generally, court should deny leave to amend if it:

- adds new CoA or
- would cause surprise or hardship to D

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Trial Amendments*

Plaintiff offers evidence at trial of injury w/o filing amended petition and evidence admitted w/o petition. To overcome objection, P should:

- seek leave to file a trial amendment
- amendment allowed unless D can prove surprise/prejudice
- if D failed to object at trial--> impliedly consented

Back 7

If D had objected at trial, then P should:

- Request leave to file trial amendment
- Court should allow amendment when presentation of merits will be served and objecting party fails to satisfy court that amendment would prejudice him in maintaining his action or defense

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Continuance

If amendment allowed and party opposing amendment needs more time, request continuance to preserve error. If party refuses an offer of continuance, party waives his right to complain on appeal.

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Supplemental Pleadings

- Supplementation petition: replies to D's defense
- Supplemental pleading: made in response to last previous pleading of adverse party. Adds to/does not supercede last pleading.
- Rules governing and supplemental pleadings control D's pleadings as well as plaintiff's pleadings.

Front 9

Special Pleadings (prob won't test)

Suit on an account: File verified pleading on sworn account to estab prima facie right of action. Petition must contain itemized statement of goods/services; reveals offsets (payments) to account; and be supported by affidavit stating that claim is just and true and w/in affiant's knowledge

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If other party wants to preserve his right to present his defenses to claim's at trial:

File a written denial under oath. Failure to file a verified denial prevents the D from denying the claim and waives the right to dispute ownership and the amount of the account.

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Special Pleading: Injunction

Must plead and prove:
- probable right to relief
- probable injury
- imminent harm
- w/o injunction, reparable harm; and
- no adequate remedy at harm

Back 10

If injunction granted and ignored:

- File motion for contempt (no fixed time, but asap)
- If court grants motion, may impose a fine (not to exceed $500) or imprisonment